HomeMy Public PortalAboutCity of Black Jack3/25/2021 Black Jack, MO Code of Ordinances
Chapter 7.5 - EROSION, GRADING AND SEDIMENT CONTROL
ARTICLE I. - IN GENERAL
Sec. 7.5-1. - Introduction/purpose.
(a) During the construction process, soil is highly vulnerable to erosion by wind and water. Eroded soil
endangers water resources by reducing water quality and causing the siltation of aquatic habitat for fish and
other desirable species. Deposits of eroded soil also necessitate maintenance of sewers and ditches and the
dredging of lakes. In addition, clearing and grading during construction cause the loss of native vegetation
necessary for terrestrial and aquatic habitat. Construction activities also utilize materials and generate
wastes, which if not properly controlled can pollute receiving waters.
(b) The purpose of this article is to safeguard persons, protect property, and prevent damage to the
environment in the City of Blackjack. This article will also promote the public welfare by guiding, regulating,
and controlling the design, construction, use, and maintenance of any development or other activity that
disturbs or breaks the topsoil or results in the movement of earth on land in the City of Blackjack.
(Ord. No. 892, § 1, 9-19-06)
Sec. 7.5-2. - Definitions.
For the purposes of this chapter, the following terms, phrases, words, and their derivations shall have the meanings
given herein.
Best management practices or BMPs: Practices, procedures or a schedule of activities to reduce the amount of
sediment and other pollutants in storm water discharges associated with construction and land disturbance activities.
Clearing. Any activity that removes the vegetative surface cover.
Construction or land disturbance site or site: A parcel of land or a contiguous combination thereof, where grading
work is performed as part of a single unified plan of development.
Department: Department of Public Works of the City of Black Jack.
Drainage way. Any channel that conveys surface runoff through a site.
Erosion: The wearing away of land surface through the action of wind or water.
Erosion control: Any BMP that prevents or minimizes erosion.
Grading. Reshaping the ground surface through excavation and/or fill of material, including the resulting conditions.
Land disturbance activities: Any activity such as clearing, grading or any other action which results in removal of the
natural site vegetation and destruction of the root zone or otherwise results in leaving the ground surface exposed to
soil erosion through the action of wind or water.
MDNR: The Missouri Department of Natural Resources.
MSD: The Metropolitan St. Louis Sewer District.
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Perimeter control: A barrier that prevents sediment from leaving a site by filtering sediment -laden runoff or diverting
it to a sediment trap or basin.
Phasing. Clearing a parcel of land in distinct phases, with the stabilization of each phase substantially completed
before the clearing of the next.
Runoff coefficient. The fraction of total rainfall that will appear at the outfalls from a site.
Sediment control: Any BMP that prevents eroded sediment from leaving a site.
Site disturbance permit. A permit issued by the city authorizing disturbance of the land at a specific site subject to
conditions stated in the permit.
Stabilization: The use of BMPs that prevent exposed soil from eroding including improvements and structures for the
control of erosion, runoff, and grading.
Start of construction: The first land disturbing activity associated with a development, including land preparation
such as clearing, grading, and filling; installation of streets and walkways; excavation for basements, footings, piers, or
foundations; erection of temporary forms; and installation of accessory buildings such as garages.
Storm water pollution prevention p/an or SWPPP: A management plan, the purpose of which is to ensure the design,
implementation, management and maintenance of BMPs in order to reduce the amount of sediment and other
pollutants in storm water discharges associated with land disturbance activities, comply with the standards of the city
and ensure compliance with the terms and conditions of the applicable state permits, including adherence to the land
disturbance program contained in Missouri state issued MS4 NPDES permit.
Watercourse: A natural or artificial channel or body of water, including, but not limited to, lakes, ponds, rivers,
streams, ditches and other open conveyances that carry surface runoff water either continuously or intermittently.
(Ord. No. 892, § 1, 9-19-06)
Sec. 7.5-3. - Permits.
(a) Any person who intends to conduct any land disturbance activity that will disturb ten thousand (10,000) or
more square feet or the city engineer determines that such activity may create an erosion, flooding or
sedimentation hazard must obtain a site disturbance permit from the City of Black jack.
(b) Any person who buys a lot for construction from a person who has been issued a permit under subsection (a)
above (unless purchased for the purpose of building their own private residence) must obtain a separate site
disturbance permit from the City of Black Jack unless the original permittee retains responsibility for the land
disturbance activities on the sold lot.
(c) Site disturbance permits are not required for the following activities:
(1) Any emergency activity that is immediately necessary for the protection of life, property, or natural
resources.
(2) Existing nursery and agricultural operations conducted as a permitted main or accessory use.
(d) Each permit application shall bear the name(s) and address(es) of the owner or developer of the site, and of
any consulting firm retained by the applicant together with the name of the applicant's principal contact at
such firm and shall be accompanied by the required filing fee.
(e) Each permit application shall be accompanied by a storm water pollution prevention plan, prepared for the
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specific site by or under the direction of a professional engineer or registered landscape architect registered
in the State of Missouri, and a statement that any land clearing, construction, or development involving the
movement of earth shall be in accordance with the storm water pollution prevention plan.
(f) The permit applicant will be required to file with the city a faithful performance bond, letter of credit, or other
improvement security acceptable to the city in an amount of one hundred ten (110) percent of the value of
work as determined by the city engineer to cover all costs of improvements, landscaping, maintenance of
improvements for such period as specified by the city, and engineering and inspection costs to cover the cost
of failure or repair of improvements installed on the site.
(g) The permit applicant will be required to obtain a land disturbance permit issued by MDNR for any site where
one (1) acre or more of land will be disturbed, before beginning any site work authorized by a city permit.
This requirement applies to sites of less than one (1) acre that are part of a larger common plan that will
ultimately disturb one (1) acre or more.
(h) The following fees shall be due for permits issued hereunder:
(1) A one-time permit issue fee of one hundred dollars ($100.00);
(2) An annual grading inspection fee payable upon the issuance of the permit and renewable each year
thereafter in the initial and annual renewal amounts per the following schedule based on the number of
aces comprising the area covered by the permit:
Acreage
Fees
2 or less $400.00
2.1 to 4 500.00
4.1 to 6 600.00
6.1 to 8 700.00
More than 8 acres 800.00
Permits are not transferable.
(Ord. No. 892, § 1, 9-19-06)
Sec. 7.5-4. - Storm water pollution prevention plan (SWPPP).
(a) The design requirements in section 7.5-5 shall be taken into consideration when developing the storm water
pollution prevention plan and the plan shall include the following:
(1) Name, address and telephone number of the site owner and the name, address and telephone number
of the individual who will be in overall responsible charge of construction/development activities at the
site.
(2) Site address or location description.
(3) A site map showing the outlines of the total project area, the areas to be disturbed, existing land uses,
locations and names of surface water bodies, locations of temporary and permanent BMPs, and such
other information as the city engineer may require.
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(4) Existing contours at a minimum of two -foot intervals of the site and at least fifty (50) feet onto the adjoining
off -site property and proposed contours after completion of the proposed grading and development, based
States Geological Survey datum, with established elevations at buildings, walks, drives, street and roads; anc
information on necessary clearing and grubbing, removal of existing structures, excavating, filling, spreading
compacting.
(5) A natural resources map identifying soils, forest cover, and resources protected under other chapters of
this Code.
(6) An estimate of the runoff coefficient of the site based on one hundred (100) percent perviousness and
the runoff coefficient after the construction addressed in the permit application is completed.
(7) Estimated grading, silt control, retaining walls, detention basin outfall and sodding, revegetation, and
other items of work related to grading quantities.
(8) Details of the site drainage pattern both before and after major grading activities, along with details of
the site drainage system that will be utilized during the grading operations. Calculations shall be provided
that will verify that the site drainage system has been designed properly.
(9) Construction access to site.
(10) Description of BMPs to be utilized to control erosion and sedimentation during the period of land
disturbance.
(11) Description of BMPs to be utilized to prevent other potential pollutants such as construction wastes, toxic
or hazardous substances, petroleum products, pesticides, herbicides, site litter, sanitary wastes and other
pollutants from entering the natural drainage ways during the period of construction and land
disturbance.
(12) Description of BMPs that will be installed during land disturbance to control pollutants in storm water
discharges that will occur after land disturbance activity has been completed.
(13) Location of temporary off-street parking, vehicle wash down area(s) and water sources for related
vehicles.
(14) Sources of off -site borrow material or spoil sites, and all information relative to haul routes, trucks and
equipment. Approval of the haul route from the agency having jurisdiction over the road(s) along the haul
route.
(15) The anticipated sequence of construction and land disturbance activities, including installation of BMPs,
removal of temporary BMPs, stripping and clearing; rough grading; construction of utilities,
infrastructure, and buildings; and final grading and landscaping. Sequencing shall identify the expected
date(s) on which clearing will begin, the estimated duration of exposure of cleared areas, areas of
clearing, installation of temporary erosion and sediment control measures, and establishment of
permanent vegetation.
(16) All erosion and sediment control measures necessary to meet the objectives of this chapter throughout
all phases of construction and after completion of site development. Depending upon the complexity of
the project, the drafting of intermediate plans may be required at the close of each season.
(17) Seeding mixtures and rates, types of sod, method of seedbed preparation, expected seeding dates, type
and rate of lime and fertilizer application, and kind and quantity of mulching for both temporary and
permanent vegetative control measures. Off site areas shall be restored with sod of like type as the
existing sod.
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(18) Provisions for maintenance of erosion, sediment and storm water management control facilities during the
disturbance phase, including easements and estimates of the cost of maintenance.
(19) Plans for responding to any loss of contained sediment to include the immediate actions the permittee
will take in case of a containment failure. This plan must include documentation of actions and
mandatory reporting to the Department of Public Works of the City of Blackjack.
(20) Schedules and procedures for routine inspections of any structures provided to prevent pollution of
storm water or to remove pollutants from storm water and of the site in general to ensure all BMPs are
continually implemented and are effective.
(b) The permittee shall amend the storm water pollution prevention plan whenever:
(1) Design, operation or maintenance of BMPs is changed;
(2) Design of the construction project is changed such that it could significantly affect the quality of the
storm water discharges;
(3) Site operator's inspections indicate deficiencies in the SWPPP or any BMP;
(4) Inspections by the city or by MDNR indicate deficiencies in the SWPPP or any BMP;
(5) The SWPPP is determined to be ineffective in significantly minimizing or controlling erosion or excessive
sediment deposits in streams or lakes;
(6) The SWPPP is determined to be ineffective in preventing pollution of waterways from construction
wastes, chemicals, fueling facilities, concrete truck washouts, toxic or hazardous materials, site litter or
other substances or wastes likely to have an adverse impact on water quality;
(7) Total settleable solids from a storm water outfall exceeds 0.5 ml/L/hr if the discharge is within the
prescribed proximity of a "Valuable Resource Water" as defined by MDNR;
(8) Total settleable solids from a storm water outfall exceeds two and five -tenths (2.5) ml/L/hr for any other
outfall; or
(9) The city or MDNR determines violations of water quality standards may occur or have occurred.
(c) The permittee shall:
(1) Notify all contractors and other entities (including utility crews, city employees, or their agents) who will
perform work at the site, of the existence of the SWPPP and what actions or precautions shall be taken
while on site to minimize the potential for erosion and the potential for damaging any BMP;
(2) Determine the need for and establish training programs to ensure that all site workers have been trained,
as a minimum, in erosion control, material handling and storage, and housekeeping;
(3) Provide copies of the SWPPP to all parties who are responsible for installation, operation or maintenance
of any BMP; and
(4) Maintain a current copy of the SWPPP on the site at all times.
(Ord. No. 892, § 1, 9-19-06)
Sec. 7.5-5. - Design requirements.
(a) Grading, erosion control practices, sediment control practices, and water course crossings shall be adequate
to prevent transportation of sediment from the site to the satisfaction of the city engineer or his or her
designee.
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(b) Cut and fill slopes shall have a slope ratio of no greater than 3:1, except as approved by the city engineer to me(
community or environmental objectives.
(c) Clearing and grading of natural resources, such as forests and wetlands, shall not be permitted, except when
in compliance with all other chapters of this Code.
(d) Clearing techniques that retain existing vegetation to the maximum extent practicable shall be used, and the
time period for disturbed areas to be without vegetative cover shall be minimized to the extent practical, to
the satisfaction of the city engineer.
(e) Clearing, except that necessary to establish sediment control devices, shall not begin until all sediment
control devices have been installed and have been stabilized.
(f) Phasing shall be required on all sites disturbing greater than five (5) acres, with the size of each phase to be
established at plan review and as approved by the city engineer.
(g) Erosion control requirements shall include the following:
(1) Soil stabilization shall be completed within five (5) days of clearing or inactivity in construction.
(2) If seeding or another vegetative erosion control method is used, it shall become established within two
(2) weeks of installation or the department of public works may require the site to be reseeded or a non -
vegetative option employed.
(3) Specialized and approved techniques shall be employed to ensure stabilization on steep slopes and in
drainage ways.
(4) Soil stockpiles must be stabilized or covered at the end of each workday, or perimeter controls must be in
place to prevent silt from the stockpile from leaving the site.
(5) The entire site must be stabilized, using a heavy mulch layer or another method that does not require
germination to control erosion, at the close of the construction season.
(6) Techniques shall be employed to prevent the blowing of dust or sediment from the site.
(7) Techniques shall be employed to divert upland runoff past disturbed slopes.
(h) Sediment control requirements shall include:
(1) Settling basins, sediment traps, or tanks and perimeter controls.
(2) Settling basins shall be provided for each drainage area with ten (10) or more acres disturbed at one time
and shall be sized to contain five -tenths (0.5) of an inch of sediment from the drainage area and be able
to contain a two-year, twenty -four-hour storm. If the provision of a basin of this size is impractical, other
similarly effective BMPs, as evaluated and specified in the SWPPPP, shall be provided.
(3) Settling basins shall be designed in a manner that allows adaptation to provide long-term storm water
management, as required by the department of public works.
(4) Settling basins shall have stabilized spillways to minimize the potential for erosion of the spillway or basin
embankment.
(5) Protection for adjacent properties by the use of a vegetated buffer strip in combination with perimeter
controls.
(i) Watercourse protection requirements shall include:
(1) Encroachment into or crossings of active watercourses/riparian areas and wetlands shall be avoided to
the maximum extent practicable. Where applicable, all local, state and federal permits and approvals
shall be provided to the department of public works prior to the issuance of a site disturbance permit.
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(2) Stabilization of any watercourse channels before, during, and after any in -channel work.
(3) If a defined watercourse is to be re -aligned or reconfigured, clearing and grubbing activities within fifty
(50) feet of the watercourse shall not begin until all materials and equipment necessary to protect the
watercourse and complete the work are on site. Once started, work shall be completed as soon as
possible. Areas within fifty (50) feet of the watercourse shall be recontoured and re -vegetated, seeded or
otherwise protected within five (5) working days after grading has ceased.
(4) All storm water conveyances shall be designed according to the criteria of MSD and the necessary MSD
permits obtained.
(5) Stabilization adequate to prevent erosion shall be provided at the outlets of all pipes and paved channels.
(j) Construction site access requirements shall include:
(1) A temporary access road provided at all sites including a vehicle wash -down area with an identified water
source supporting all active sites,
(2) Other measures required by department of public works in order to ensure that construction vehicles do
not track sediment onto public streets or are washed with wash effluent channeled directly into storm
drains.
(k) Control requirements for construction materials, construction wastes and other wastes generated on site
shall include provisions, satisfactory to the department of public works, for:
(1) Spill prevention and control facilities for materials such as paint, solvents, petroleum products, chemicals,
toxic or hazardous substances, substances regulated under the Resource Conservation and Recovery Act
(RCRA) or the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), and
any wastes generated from the use of such materials and substances, including their containers. Any
containment systems employed to meet this requirement shall be constructed of materials compatible
with the substances contained and shall be adequate to protect both surface and ground water.
(2) Collection and disposal of discarded building materials and other construction site wastes, including
those listed in subsection (k)(1) above.
(3) Litter control.
(4) Control of concrete truck washouts.
(5) Assurance that on -site fueling facilities will adhere to applicable federal and state regulations concerning
storage and dispensers.
(6) Provision of sufficient temporary toilet facilities to serve the number of workers on site.
(Ord. No. 892, § 1, 9-19-06)
Sec. 7.5-6. - Inspections.
(a) The department of public works shall make inspections as hereinafter required and either shall approve that
portion of the work completed or shall notify the permittee wherein the work fails to comply with the
grading, erosion control and sediment control plan as approved. Plans for grading, stripping, excavating, and
filling work bearing the stamp of approval of the city engineer shall be maintained at the site during the
progress of the work. To obtain inspections, the permittee shall notify the department of public works at
least two (2) working days before the following:
(1) Start of construction;
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(2) Installation of sediment and erosion measures;
(3) Completion of site clearing;
(4) Completion of rough grading;
(5) Completion of final grading;
(6) Close of the construction season;
(7) Completion of final landscaping.
(b) The permittee or his/her agent shall make regular inspections of the land disturbance site, including all
erosion and sediment and other pollutant control measures, outfalls and off -site receiving waters in
accordance with the inspection schedule outlined in the approved SWPPP. Inspections must be scheduled at
least once per week and no later than seventy-two (72) hours after heavy rain. The purpose of such
inspections will be to ensure proper installation, operation and maintenance of BMPs and to determine the
overall effectiveness of the SWPPP and the need for additional control measures. All inspections shall be
documented in written form on weekly reports with copies submitted to the department of public works
within six (6) days after the heavy rain. The inspection reports are to include the following minimum
information:
(1) Inspector's name and signature;
(2) Date of inspection;
(3) Observations relative to the effectiveness of the BMPs;
(4) Actions taken or necessary to correct deficiencies; and
(5) A listing of areas where land disturbance operations have permanently or temporarily stopped.
In addition, the permittee shall notify the site contractor(s) responsible for any deficiencies identified so that
deficiencies can be corrected within seven (7) calendar days of the inspection report.
(c) The department of public works shall make inspections as deemed necessary to ensure the validity of the
reports filed under subsection (b) or to otherwise ensure proper installation, operation and maintenance of
storm water BMPs and to determine the overall effectiveness of the SWPPP and the need for additional
control measures.
(Ord. No. 892, § 1, 9-19-06)
Sec. 7.5-7. - Enforcement.
(a) Stop -work order; revocation of permit. In the event that any person holding a site disturbance permit
pursuant to this chapter violates the terms of the permit or implements site development in such a manner
as to materially adversely affect the health, welfare, or safety of persons residing or working in the
neighborhood or development site so as to be materially detrimental to the public welfare or injurious to
property or improvements in the neighborhood, the city engineer may suspend or revoke the site
disturbance permit.
(b) Violation and penalties. No person shall construct, enlarge, alter, repair, or maintain any grading, excavation,
or fill, or cause the same to be done, contrary to or in violation of any terms of this chapter. Any person
violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and each day during
which any violation of any of the provisions of this ordinance is committed, continued, or permitted, shall
constitute a separate offense. Upon conviction of any such violation, such person, partnership, or
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corporation shall be punished by a fine of not more than one thousand dollars ($1,000.00) for each offense.
In addition to any other penalty authorized by this chapter, any person, partnership, or corporation convicted
of violating any of the provisions of this chapter shall be required to bear the expense of such restoration.
(c) Project closure requirements. Any site development escrows or bonds will be not be fully released to the site
operator or permittee until all of the following have been completed:
(1) All temporary storm water control BMPs have been removed and the site has been fully stabilized.
(2) All permanent storm water control BMPs have been completed.
(3) All final inspections/certifications have been completed by each of the government jurisdictions involved
in authorizing the project.
(4) All on -site and off -site disturbed areas have been revegetated whereas the city engineer has determined
that erosion is no longer a concern.
(Ord. No. 892, § 1, 9-19-06)
Secs. 7.5-8-7.5-24. - Reserved.
ARTICLE II. - PROCEDURAL GUIDANCE FOR CONSTRUCTION, LAND DISTURBANCE ACTIVITIES AND RELATED STORM WATER
CONTROL REQUIREMENTS
Sec. 7.5-25. - Purpose.
The purpose of this guidance manual is to provide direction to municipal officials and staff for implementing the
provisions of municipal ordinances pertaining to regulation of land disturbance activities and related storm water
controls. This guidance will help promote efficient plan reviews and processing of permit applications so as to benefit
the community and to ensure compliance with the terms of the City of Blackjack's state issued MS4 NPDES permit.
Certain requirements of Section 4.2.4 of the MS4 permit, as referenced below, are addressed within this guidance
manual.
(Ord. No. 892, § 1, 9-19-06)
Sec. 7.5-26. - General provisions.
(a) The department of public works shall be responsible for enforcing the provisions of the grading, erosion and
sediment control ordinance (article I of this chapter). The department of public works shall review all permit
applications submitted pursuant to that ordinance and shall issue permits with such conditions as deemed
appropriate to enable compliance with the grading ordinance and other related ordinances. The department
of public works shall conduct all required inspections of permitted sites and shall be responsible for initiating
enforcement actions when violations are identified.
(b) Persons who intend to disturb land within the City of Blackjack, will be reminded, at the time of initial contact
with municipal officials, of the need to obtain a separate land disturbance permit from MDNR for any
construction or land disturbance activity that will result in disturbance of one (1) acre or more of land.
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Persons, intending to disturb such acreage must be informed that site work may not commence until the
state permit has been obtained. No municipal permit, for sites of one (1) acre or above, will be issued until a
land disturbance permit has been issued by MDNR.
(Ord. No. 892, § 1, 9-19-06)
Sec. 7.5-27. - Water quality considerations.
(See Section 4.2.4.2.4 of the MS4 permit.) During review of site plans, SWPPP and other documents submitted as part
of the permit application, the department of public works staff shall consider the potential water quality impacts of the
project both during the construction/land disturbance phase and after site development is fully complete. The
department staff should consider the provisions within the Missouri Water Quality Standards, the Missouri Impaired
Waters list (303(d) list), the federal Endangered Species Act, the National Historic Preservation Act and proximity to
water bodies identified by MDNR as "valuable resource waters" (see listing below). To the maximum extent practicable
under state and local laws, the department shall include such conditions in permits as are appropriate to prevent or
minimize impacts on water quality. Department staff shall solicit comments or advice, when deemed appropriate, from
MDNR, the Missouri Department of Conservation, the soil and water conservation district and such other state and
national regulatory bodies as may have expertise related to a specific project or area.
ATTACHMENT TO PROCEDURAL GUIDANCE LISTING OF
*MISSOURI VALUABLE RESOURCE WATERS
The Missouri Department of Natural Resources imposes additional requirements in state land disturbance
permits for sites from which storm water will discharge to "valuable resource waters." The following table
identifies water bodies defined as "valuable resource waters" in MDNR General Permit MO -R1 09000 and the
distances from such water bodies within which additional permit requirements apply:
VALUABLE RESOURCE WATERS
WATER BODY*
Losing stream
Outstanding national or state resource water
Class L1 lakes or reservoirs used for public
drinking water supply
Water body identified as critical habitat for
endangered species
PERMIT MO -R109000 CONDITIONS APPLY IF
DISCHARGES FROM LAND DISTURBANCE SITE ARE
WITHIN THE FOLLOWING DISTANCES FROM THE
WATER BODY
1000 feet
1000 feet
1000 feet
1000 feet
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Class P stream 100 feet
Class L2 reservoir
Biocriteria reference locations
100 feet
2 miles upstream
Class W (wetland that meets the criteria in the
Corps of Engineers Delineation Manual (January
1987)
Groundwater
On site
Discharge to a sinkhole or other direct conduit to
groundwater
* See listings in Missouri Water Quality Standards 10 CSR 20-7.031.
(Ord. No. 892, § 1, 9-19-06)
Sec. 7.5-28. - Public inquiries; complaints.
(See Section 4.2.4.2.5 of the MS4 permit.) The department of public works shall maintain a system for recording and
tracking inquiries and complaints received from the public regarding proposed and active land disturbance sites within
the City of Blackjack. The following information shall be logged, on a standard form, for each inquiry/complaint:
• Date;
• Name, address and telephone number of the inquiring/complaining party;
• Nature of inquiry/complaint, including all pertinent information related thereto; and
• Follow-up action. If an inspection is performed, all information regarding the date and time, inspector's
name, findings and any mitigation or enforcement actions initiated shall be recorded.
All inquiries or complaints must be logged. However, it is up to the sole discretion of the department of public
works, with such consultation with other departments or agencies as may be deemed appropriate, as to
whether any follow-up action is deemed appropriate. If no follow-up action is deemed necessary, a short
explanation shall be recorded on the standard inquiry form.
(Ord. No. 892, § 1, 9-19-06)
Sec. 7.5-29. - Inspections; reports.
(See Section 4.2.4.2.6 of the MS4 permit.) The department of public works shall inspect each permitted site at the
frequency specified in article I of this chapter and at such other times as necessary to follow-up on public
inquiries/complaints or to follow-up on previously identified deficiencies. The results of all inspections shall be recorded
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in written reports and maintained in the project file. Inspections shall be carried out in such a way as to determine
whether the site operator is complying with all provisions of the City of Black jack permit.
(Ord. No. 892, § 1, 9-19-06)
Sec. 7.5-30. - Transfer of ownership.
(a) Individual lot or lots: The City of Blackjack ordinances require a permit, as well as controls, for sediment,
erosion and other construction site pollutants for disturbed areas of land in excess of one (1) acre disturbed
as part of a common plan or sale. That language means the lot(s), when sold to an entity for construction
(unless sold to an individual for purposes of building their own private residence), are also subject to
ordinance requirements because they are part of the common sale. A current permittee who intends to
transfer ownership of a lot or parcel of the overall permitted area is still responsible for the terms of the City
of Blackjack permit and the SWPPP and erosion control on that site unless the new owner applies for and
receives a separate permit for land disturbance activities. If the current permittee is to retain the permit and
responsibility for control of sediment and other pollutants at the site, then the owner should obtain a copy of
an individual lot certification (ILC) from the lot owner(s). The ILC should be properly completed and signed
and retained with the SWPPP.
(b) Entire tract: If the entire tract is sold to a single entity, then the City of Blackjack permit shall be terminated
and the new owner shall submit an application for a new permit immediately.
(Ord. No. 892, § 1, 9-19-06)
Sec. 7.5-31. - Reference sources.
The staff will provide every permit applicant with the following list of reference and guidance documents, which may
be employed in development of the SWPPP. For activities requiring state land disturbance permits, the first two (2)
documents listed below are considered mandatory references for all applicants.
(1) Storm Water Management for Construction Activities - Developing Pollution Prevention Plans and Best
Management Practices September 1992 - United State Environmental Protection Agency Office of Water,
EPA 832-R-92-005;
(2) Protecting Water Quality - A field guide to erosion, sediment and storm water best management practices
for development sites in Missouri and Kansas September 1998 - Prepared by the St. Charles County Soil &
Water Conservation District, St. Charles, Missouri, the Dam and Reservoir Safety Program, Division of
Geology and Land Survey, Missouri Department of Natural Resources, Rolla, Missouri;
(3) Urban Conservation Policy Handbookjune 1998 - The Mid -America Association of Conservation Districts,
The Missouri Department of Natural Resources, The United States Environmental Protection Agency
Region VII;
(4) Missouri Standards and Specifications for Highway Construction 1999 or latest edition - Missouri
Highways and Transportation Commission;
(5) Standard Construction Specifications for Sewers and Drainage Facilities 2000 or latest edition -
Metropolitan St. Louis Sewer District;
(6) Rules and Regulations and Engineering Design Requirements for Sanitary Sewage and Storm Water
Drainage Facilities February 1997 or latest edition - Metropolitan St. Louis Sewer District;
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(7) Standards Specification for Highway Construction January 1, 1997 or latest edition - St. Louis County Depart!
Highway and Traffic;
(8) Design Criteria Book for the Preparation of Improvement Plans March 1, 2000 (Storm Water Design 50.10
to 50.60.) - St. Louis County Department of Highways and Traffic;
(9) Any City of Black Jack specific guidance documents.
The permit applicant is not limited to the use of these guidance manuals. Other commonly accepted
publications may be used for guidance and must be referenced in the SWPPP.
(Ord. No. 892, § 1, 9-19-06)
Sec. 7.5-32. - Inspections.
The department of public works will conduct inspections of storm water BMPs as follows and at such time the area(s)
is (are) accessible:
(1) Receipt of notification from the permittee that BMPs are in place.
(2) Receipt of a complaint.
(3) Receipt of concern/query after a heavy rainstorm.
(4) Receipt of notification from the permittee that the construction season is closing.
(5) Receipt of notification from the permittee that the final grading is all complete.
(6) Completion of the re -vegetation of the site.
(See section 7.5-6 of this chapter and Section 4.2.4.2.6 of the MS4 permit).
(Ord. No. 892, § 1, 9-19-06)
Sec. 7.5-33. - Land Disturbance Code, adopted.
The Land Disturbance Code, as adopted by the County of Saint Louis, Missouri, through last amendatory Ordinance
22,468, approved on September 21, 2005 by County of Saint Louis, Missouri is hereby adopted as the Land Disturbance
Code of the City of Black jack, Missouri, a copy of which is attaqched hereto, as if fully set out herein.
(Ord. No. 969, § 1, 3-17-09)
Secs. 7.5-34-7.5-49. - Reserved.
ARTICLE III. - STREAM BUFFER PROTECTION
Sec. 7.5-50. - Findings and purposes.
(a) Vegetated buffers adjacent to natural watercourses provide numerous environmental protection and
resource management benefits, including the following:
(1) Protecting, restoring and maintaining the chemical, physical and biological integrity of streams and their
water resources;
(2) Removing pollutants delivered in urban stormwater;
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(3) Reducing erosion and control sedimentation;
(4) Protecting and stabilizing stream banks;
(5) Providing for infiltration of stormwater runoff;
(6) Maintaining base flow of streams;
(7) Contributing organic matter that is a source of food and energy for the aquatic ecosystem;
(8) Providing tree canopy to shade streams and promote desirable aquatic habitat;
(9) Providing riparian wildlife habitat;
(10) Furnishing scenic value and recreational opportunity;
(11) Providing opportunities for the protection and restoration of green space.
(b) The purpose of this article is to protect the public health, safety, environment and general welfare; to
minimize public and private losses due to erosion, siltation and water pollution; and to maintain stream
water quality by provisions designed to:
(1) Create buffer zones along the streams of the city for the protection of water resources; and
(2) Minimize land development within such buffers by establishing buffer zone requirements and by
requiring authorization for any such activities.
(Ord. No. 941, § 1, 7-15-08)
Sec. 7.5-51. - Definitions.
The following words and phrases when used in this article shall have the meanings given to them in this section
unless the context clearly indicates otherwise:
Buffer means, with respect to a stream, a natural or enhanced vegetated area (established by section 7.5-55(a)(1)
below, lying adjacent to the stream.
Director means the Director of Public Works for the City of Black jack and his/her designee.
Impervious cover means any man-made paved, hardened or structural surface regardless of material. Impervious
cover includes but is not limited to rooftops, buildings, streets, roads, decks, swimming pools and any concrete or
asphalt.
Land development means any land change, including, but not limited to clearing, grubbing, stripping, removal of
vegetation, dredging, grading, excavation, transporting and filling of land, construction, paving and any other
installation of impervious cover.
Land development activity means those actions or activities which comprise, facilitate or result in land development.
Land disturbance means any land or vegetation change, including, but not limited to, clearing, grubbing, stripping,
removal of vegetation, dredging, grading, excavating, transporting and filling of land, that do not involve construction,
paving or any other installation of impervious cover.
Land disturbance activity means those actions or activities which comprise, facilitate or result in land disturbance.
F/oodp/ain means any land area susceptible to flooding, which would have at least a one (1) percent probability of
flooding occurrence in any calendar year based on the basin being fully developed as shown on the current land use
plan; i.e. the regulatory flood.
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Parce/ means any plot, lot or acreage shown as a unit on the latest county tax assessment records.
Permit means the permit issued by the director required for undertaking any land development activity.
Person means any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate,
commission, board, public or private institution, utility, cooperative, city, county or other political subdivision of the
state, any interstate body or any other legal entity.
Riparian means belonging or related to the bank of a river, stream, lake, pond or impoundment.
Setback means, with respect to a stream, the area established by section 7.5-55(a)(2) extending beyond any buffer
applicable to the stream.
Stream means any stream, beginning at:
(1) All natural watercourses depicted by a solid or dashed blue line on the most current United State
Geological Survey (U.S.G.S.) 7.5 Minute Series (Topographic) Maps for Missouri; or
(2) A point in the stream channel with a drainage area of twenty-five (25) acres or more.
Stream bank means the sloping land that contains the stream channel and the normal flows of the stream. Where no
established top -of -bank can be determined, the stream bank will be the "ordinary high water mark" as defined by the
Corps of Engineers in Title 33 of the Code of Federal Regulation, Part 328.3.
Stream channel means the portion of a watercourse that contains the base flow of the stream.
Stream protection area or protection area means, with respect to a stream, the combined areas of all required
buffers and setbacks applicable to such stream.
(Ord. No. 941, § 1, 7-15-08)
Sec. 7.5-52. - Applicability.
This article shall apply to all land development activity on property containing a stream protection area. These
requirements are in addition to, and do not replace or supersede, any other applicable buffer or flood plain
requirements established under state law, and approval or exemption from these requirements does not constitute
approval or exemption from buffer requirements established under state law or from other applicable local, state or
federal regulations.
(Ord. No. 941, § 1, 7-15-08)
Sec. 7.5-53. - Grandfather provisions.
This article shall not apply to the following activities:
(a) Work consisting of the repair or maintenance of any lawful use of land that is zoned and approved for
such use on or before the effective date of this article.
(b) Existing development and on -going land disturbance activities including, but not limited to, existing
agriculture, silviculture, landscaping, gardening and lawn maintenance, except that new development or
land disturbance activities on such properties will be subject to all applicable buffer requirements.
(c) Any land development activity that is under construction, fully approved for development, scheduled for
permit approval or has been submitted for approval as of the effective date of this article.
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(d) Land development activity that has been submitted for approval, but that is part of a larger master
development plan, such as for an office park or other phased development that has been previously
approved within two (2) years of the effective date of this article.
(Ord. No. 941, § 1, 7-15-08)
Sec. 7.5-54. - Exemptions.
The following specific activities are exempt from this article. Exemption of these activities does not constitute an
exemption for any other activity proposed on a property.
(a) Activities for the purpose of building one of the following:
(1) A stream crossing by a driveway, transportation route or utility line;
(2) Public water supply intake or public wastewater structures or stormwater outfalls;
(3) Intrusions necessary to provide access to a property;
(4) Public access facilities that must be on the water, including boat ramps, docks, foot trails leading
directly to the river, fishing platforms and overlooks;
(5) Unpaved foot trails and paths;
(6) Activities to restore and enhance stream bank stability, vegetation, water quality and/or aquatic
habitat, so long as native vegetation and bioengineering techniques are used.
(b) Public sewer line easements. This includes such impervious cover as is necessary for the operation and
maintenance of the utility, including, but not limited to, manholes, vents and valve structures. This exemption
shall not be construed as allowing the construction of roads, bike paths or other transportation routes in
such easements, regardless of paving material, except for access for the uses specifically cited in section 7.5-
54(a)(1) above.
(c) Land development activities within a right-of-way existing at the time this article takes effect or approved
under the terms of this article.
(d) Within an easement of any utility existing at the time this article takes effect or approved under the terms of
this article, land disturbance activities and such impervious cover as is necessary for the operation and
maintenance of the utility, including but not limited to manholes, vents and valve structures.
(e) Emergency work necessary to preserve life or property. However, when emergency work is performed under
this section, the person performing it shall report such work to the director on the next business day after
commencement of the work. Within ten (10) days thereafter, the person shall apply for a permit and perform
such work within such time period as may be determined by the director to be reasonably necessary to
correct any impairment such emergency work may have caused to the water conveyance capacity, stability or
water, quality of the protection area.
(f) Forestry and silviculture activities on land that is zoned for forestry, silvicultural or agricultural uses and are
not incidental to other land development activity. If such activity results in land disturbance in the buffer that
would otherwise be prohibited, then no other land disturbing activity other than normal forest management
practices will be allowed on the entire property for three (3) years after the end of the activities that intruded
on the buffer.
(g) Any activities approved under a 404 permit issued by the United States Army Corps of Engineers and 401
water quality certification issued by the Missouri Department of Natural Resources.
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After the effective date of this article, it shall apply to new subdividing and platting activities.
Any land development activity within a buffer established hereunder or any impervious cover within a setback
established hereunder is prohibited unless a variance is granted pursuant to section 7.5-55(b), below.
(Ord. No. 941, § 1, 7-15-08)
Sec. 7.5-55. - Land development requirements.
(a) Buffer and setback requirements. All land development activity subject to this article shall meet the following
requirements:
(1) For streams depicted as a solid blue line on the U.S.G.S. map, an undisturbed natural vegetative buffer
shall be maintained for fifty (50) feet, measured horizontally, on both banks (as applicable) of the stream
as measured from the top of the stream bank. For all other streams subject to this article, an undisturbed
natural vegetative buffer shall be maintained for twenty-five (25) feet measured horizontally, on both
banks (as applicable) of the stream as measured from the top of the stream bank.
(2) An additional setback shall be maintained for twenty-five (25) feet, measured horizontally, beyond the
undisturbed natural vegetative buffer, in which all impervious cover shall be prohibited. Grading, filling,
and earthmoving shall be minimized within the setback.
(3) No septic tanks or septic tank drain fields shall be permitted within the buffer or the setback.
(b) Variance procedures.
(1) Variances from the above buffer and setback requirements may be granted in accordance with the
following provisions:
a. Where a parcel was platted prior to the effective date of this article, and its shape, topography or
other existing physical condition prevents land development consistent with this article, and the
director finds and determines that the requirements of this article prohibit the otherwise lawful use
of the property by the owner, the board of adjustment of the city may grant a variance from the
buffer and setback requirements hereunder, provided such variance requires mitigation measures to
offset the effects of any proposed land development on the parcel.
b. Except as provided above, the board of adjustment of the city shall grant no variance from any
provision of this article without first conducting a public hearing on the application for variance and
authorizing the granting of the variance by an affirmative vote of the board of adjustment. The city
shall give public notice of each such public hearing in a newspaper of general circulation within the
city. The city shall require that the applicant post a sign giving notice of the proposed variance and the
public hearing. The sign shall be of a size and posted in such a location on the property as to be
clearly visible from the primary adjacent road right-of-way.
(2) Variances will be considered only in the following cases:
a. When a property's shape, topography or other physical conditions existing at the time of the adoption
of this article prevents land development unless a buffer variance is granted.
b. Unusual circumstances when strict adherence to the minimal buffer requirements in this article
would create an extreme hardship.
(3) Variances will not be considered when, following adoption of this article, actions of any property owner of
a given property have created conditions of a hardship on that property.
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(4) At a minimum, a variance request shall include the following information:
a. A site map that includes locations of all streams, wetlands, floodplain boundaries and other natural
features, as determined by field survey;
b. A description of the shape, size, topography, slope, soils, vegetation and other physical characteristics
of the property;
c. A detailed site plan that shows the locations of all existing and proposed structures and other
impervious cover, the limits of all existing and proposed land disturbance, both inside and outside the
buffer and setback. The exact area of the buffer to be affected shall be accurately and clearly
indicated;
d. Documentation of unusual hardship should the buffer be maintained;
e. At least one (1) alternative plan, which does not include a buffer or setback intrusion, or an
explanation of why such a site plan is not possible;
f. A calculation of the total area and length of the proposed intrusion;
g. A stormwater management site plan, if applicable; and,
h. Proposed mitigation, if any, for the intrusion. If no mitigation is proposed, the request must include
an explanation of why none is being proposed.
(5) The following facts will be considered in determining whether to issue a variance:
a. The shape, size, topography, slope, soils, vegetation and other physical characteristics of the property;
b. The locations of all streams on the property, including along property boundaries;
c. The location and extent of the proposed buffer or setback intrusion; and;
d. Whether alternative designs are possible which require less intrusion or no intrusion;
e. The long-term and construction water -quality impacts of the proposed variance;
f. Whether issuance of the variance is at least as protective of natural resources and the environment.
(Ord. No. 941, § 1, 7-15-08)
Sec. 7.5-56. - Compatibility with other regulations and requirements.
This article is not intended to interfere with, abrogate or annul any other article, rule or regulation, statute or other
provision or law. The requirements of this article should be considered minimum requirements, and where any
provision of this article imposes restrictions different from those imposed by any other article, rule, regulation or other
provision of law, whichever provisions are more restrictive or impose higher protective standards for human health or
environment shall be considered to take precedence.
(Ord. No. 941, § 1, 7-15-08)
Sec. 7.5-57. - Additional information requirements for development on buffer zone properties.
Any permit applications for property requiring buffers and setbacks hereunder must include the following:
(a) A site plan showing:
(1) The location of all streams on the property;
(2) Limits of required stream buffers and setbacks on the property;
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(3) Buffer zone topography with contour lines at no greater than five (5) -foot contour intervals;
(4) Delineation of forested and open areas in the buffer zone; and,
(5) Detailed plans of all proposed land development in the buffer and of all proposed impervious cover
within the setback;
(b) A description of all proposed land development within the buffer and setback; and,
(c) Any other documentation that the director may reasonably deem necessary for review of the application
to insure that the buffer zone article is addressed in the approval process.
All buffer and setback areas must be recorded on the final plat of the property following plan approval. A note
to reference the vegetated buffer shall state: "There shall be no clearing, grading, construction or disturbance
of vegetation except as permitted by the City of Black Jack Stream Buffer Protection."
(Ord. No. 941, § 1, 7-15-08)
Sec. 7.5-58. - Responsibility.
Neither the issuance of a development permit nor compliance with the conditions thereof, nor with the provisions of
this article shall relieve any person from any responsibility otherwise imposed by law for damage to persons or
property; nor shall the issuance of any permit hereunder serve to impose any liability upon the city, its officers or
employees, for injury or damage to persons or property.
(Ord. No. 941, § 1, 7-15-08)
Sec. 7.5-59. - Inspection.
The director may cause inspections of the work in the buffer or setback to be made periodically during the course
thereof and shall make a final inspection following completion of the work. The permittee shall assist the director in
making such inspections. The city shall have the authority to conduct such investigations as it may reasonably deem
necessary to carry out its duties as prescribed in this article, and for this purpose to enter at reasonable time upon any
property, public or private, for the purpose of investigating and inspecting the sites of any land development activities
within the protection area.
No person shall refuse entry or access to any authorized representative or agent who requests entry for purposes of
inspection, and who presents appropriate credentials, nor shall any person obstruct, hamper or interfere with any such
representative while in the process of carrying out official duties.
(Ord. No. 941, § 1, 7-15-08)
Sec. 7.5-60. - Violations, enforcement and penalties.
Any action or inaction which violates the provisions of this article or the requirements of an approved site plan or
permit may be subject to the enforcement actions outlined in this section. Any such action or inaction which is
continuous with respect to time is deemed to be a public nuisance and may be abated by injunctive or other equitable
relief. The imposition of any of the penalties described below shall not prevent such equitable relief.
(a) Notice of violation.
(1) If the director determines that an applicant or other responsible person has failed to comply with the
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terms and conditions of a permit, an approved site plan or the provisions of this article, the director shall
issue a written notice of violation to such applicant or other responsible person. Where a person is
engaged in activity covered by this article without having first secured the appropriate permit therefore,
the notice of violation shall be served on the owner or the responsible person in charge of the activity
being conducted on the site.
(2) The notice of violation shall contain:
a. The name and address of the owner or the applicant or the responsible person;
b. The address or other description of the site upon which the violation is occurring;
c. A statement specifying the nature of the violation;
d. A description of the remedial measures necessary to bring the action or inaction into compliance with
the permit, the approved site plan or this article and the date for the completion of such remedial
action;
e. A statement of penalty or penalties that may be assessed against the person to whom the notice of
violation is directed; and
f. A statement that the determination of violation may be appealed to the director by filing a written
notice of appeal within thirty (30) days after a notice of violation (except that in the event the violation
constitutes an immediate danger to public health or safety, twenty-four (24) hours notice shall be
sufficient).
(b) Penalties. In the event the remedial measures described in the notice of violation have not been completed
by the date set forth for such completion in the notice of violation, any one or more of the following actions
or penalties may be taken or assessed against the person to whom the notice of violation was directed.
Before taking any of the following actions or imposing any of the following penalties, the director shall first
notify the applicant or other responsible person in writing of its intended action, and shall provide a
reasonable opportunity, of not less than ten (10) days (except that in the event the violation constitutes an
immediate danger to public health or public safety, twenty-four (24) hours notice shall be sufficient) to cure
such violation. In the event the applicant or other responsible person fails to cure such violation after such
notice and cure period, the director may take any one or more of the following actions or impose any one or
more of the following penalties:
(1) Stop work order. The director may issue a stop work order which shall be served on the applicant or
other responsible person. The stop work order shall remain in effect until the applicant or other
responsible person has taken the remedial measures set forth in the notice of violation or has otherwise
cured the violation or violations described therein, provided the stop work order may be withdrawn or
modified to enable the applicant or other responsible person to take necessary remedial measures to
cure such violation or violations.
(2) Withhold certificate of occupancy. The director may refuse to issue a certificate of occupancy for the
building or other improvements constructed or being constructed on the site until the applicant or other
responsible person has taken the remedial measures set forth in the notice of violation or has otherwise
cured the violations described therein.
(3) Suspension, revocation or modification of permit. The director may suspend, revoke or modify the permit
authorizing the land development project. A suspended, revoked or modified permit may be reinstated
after the applicant or other responsible person has taken the remedial measures set forth in the notice of
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violation or has otherwise cured the violations described therein, provided such permit may be reinstated
(upon such conditions as the director may deem necessary) to enable the applicant or other responsible
person to take the necessary remedial measures to cure such violations.
(4) Penalties. For violations of this article, the director may issue a citation to the applicant or other
responsible person, requiring such person to appear in the municipal court of the city to answer charges
for such violation. Upon conviction, such person shall be punished by a fine not to exceed one thousand
dollars ($1,000.00) or imprisonment for ninety (90) days or both for each offense. each act of violation
and each day upon which any violation shall occur shall constitute a separate offense.
(Ord. No. 941, § 1, 7-15-08)
Sec. 7.5-61. - Administrative appeal and judicial review.
(a) Administrative appeal. Any person aggrieved by a decision or order of the director may appeal in writing after
the issuance of such decision or order to the board of adjustment, and shall be entitled to a hearing before
the board of adjustment of the city.
(b) Judicial review. Any person aggrieved by a decision or order of the director, after exhausting all
administrative remedies, shall have the right to appeal de novo to the Circuit Court of St. Louis County,
Missouri.
(Ord. No. 941, § 1, 7-15-08)
Sec. 7.5-62. - Severability.
If any article, section, subsection, paragraph, clause, phrase or provision of this article shall be adjudged invalid or
held unconstitutional, such decision shall not affect or invalidate the remaining portions of this article.
(Ord. No. 941, § 1, 7-15-08)
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